Section
69 of the Bharatiya Nyaya Sanhita - POLITY
NEWS:
A
newly introduced provision replacing the colonial-era Indian Penal Code
(IPC), criminalizes sexual intercourse obtained
through deceit, specifically when a promise to marry is made without
the intent to fulfill it. This section has raised significant legal
and societal debate, with various viewpoints regarding its fairness,
applicability, and gender implications.
WHAT’S IN THE NEWS?
Key Provisions of Section 69
- Section
69 addresses situations where a man engages in sexual relations under
the false pretense of marriage, with no intention of honoring
the promise.
- It
prescribes a penalty of up to 10 years of imprisonment and
a fine for those found guilty of such acts.
- Scope
and Application: The law extends to situations
involving false promises of marriage, employment, or promotion,
where the person who deceives the victim is penalized for inducing sexual
intercourse through deceit. It does not classify such cases as rape but
as “inducement” through fraudulent means.
- Support
for Section 69: It addresses the gaps left by
the IPC, especially in cases where sexual intercourse is obtained through
deceit. Section 69 broadens the definition of coercion to include
emotional and psychological pressure, which was not explicitly covered
under the previous law.
Critical Views and Concerns
- The
law is gender-biased and treats women as passive victims incapable of
exercising agency in their sexual relationships.
- Section
69 presupposes that only men can deceive women into sex through
false promises of marriage.
- This
law ignores the power dynamics within relationships and fails to address
cases where women might deceive men through similar means.
- Section
69 may criminalize consensual sexual relationships that later turn
contentious. It places undue emphasis on the failure to fulfill marriage
promises, overlooking the complexities of long-term relationships,
especially when both parties were initially consenting.
- The
exclusion of the LGBTQ community, making the law discriminatory and
unconstitutional.
- Criminalizing
a verbal promise could infringe upon individual privacy and autonomy,
leading to inconsistencies in judicial enforcement.
Section 69 of the BNS represents a shift in how sexual
relationships based on deceit are addressed legally in India. While it aims to
protect women from exploitation through false promises, its broad application,
gender implications, and the subjective nature of proving intent have raised
serious legal and societal concerns. Ongoing debates and court rulings will
continue to shape how this law is enforced and interpreted in the future.
Source: https://www.thehindu.com/news/national/the-inherent-irony-of-section-69/article68972512.ece